Colorado Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

State:
Multi-State
Control #:
US-01275BG
Format:
Word; 
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Description

As a general rule, every person is entitled to use their property in any way they want, provided the property is used in such a manner as to not injure others. Growths such as trees, bushes, and hedges, by their branches or roots, may invade the property rights of an adjoining owner and a falling tree raises the issue of negligence. The owner of the tree is generally liable for damages caused to the adjoining property owner.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

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FAQ

Except as otherwise provided in subparagraph (II) of this paragraph (c), an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

Colorado Revised Statute 13-21-111 CRS is the state's modified comparative negligence law. In personal injury cases, the plaintiff's damages get reduced by their proportion of negligence (if any). And if plaintiffs are 50% or more at fault, then they receive no damages at all.

Section 13-21-111.5 - Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration (1) In an action brought as a result of a death or an injury to person or property, no defendant shall be liable ...

A mental health provider is not liable for damages in any civil action for failure to warn or protect a specific person or persons, including those identifiable by their association with a specific location or entity, against the violent behavior of a person receiving treatment from the mental health provider, and any ...

In the State of Colorado, property owners and residents are responsible for fallen tree debris and branches on their private property.

Tree Trimming Laws in Colorado Under Colorado common law, property owners have the right to cut off roots and branches that extend over their property lines. However, if a person knowingly cuts down or damages a boundary tree, then they can be charged with a misdemeanor.

In rare cases, Colorado law allows people who trespass and encroach on other's land for18 years, reasonably believing it to be their own, to develop an ownership claim to the property. Many types of disputes can arise between Colorado neighbors.

Except as otherwise provided in subparagraph (II) of this paragraph (c), an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

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Colorado Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff